The regulations hereinafter set forth in this chapter qualify or supplement, as the case may be, the zone regulations appearing elsewhere in this title. (1989 Code § 12-17-001)

Every use shall be subject to all the requirements stated in this section.

   A.   Emission Or Generation Of Undesirable Effects: Every use shall be so operated that it does not emit an obnoxious or dangerous degree of fumes, dust, smoke or other form of air pollution, heat, glare, radiation or noise.

   B.   Outdoor Storage And Waste Disposal:

      1.   Unless otherwise specifically permitted, no highly flammable or explosive liquids, solids or gases shall be stored in bulk aboveground. Other outdoor storage facilities for junkyards, fuel, raw materials and products, except for agricultural products and permitted above grade waste disposal areas shall be enclosed by a fence or wall at least six feet (6') in height and impervious to sight, adequate to seal such facilities from adjacent property and the street unless expressly exempted by this title. Such wall or fence shall be constructed or maintained in such a way and of such materials as to be pleasing to the sight from the street.

      2.   No materials or waste shall be deposited upon any property in such form or manner that they may be transferred off such property by natural causes or forces. All materials or waste which might cause fumes or dust or which constitute a fire hazard, or which may be edible by or otherwise be attractive to rodents or insects, may not be stored outdoors unless put in closed containers.

      3.   No yard or other open space around an existing building or which is hereinafter provided around any building for the purpose of complying with the provisions of this title shall be used for the storage of junk, building materials, debris, obsolete vehicles or commercial equipment, and no other land shall be used for such purposes except as specifically permitted herein.

      4.   Open storage of hay or other agricultural products shall be located not less than forty feet (40') from a public street, and fifty feet (50') from any dwelling on adjoining property.

   C.   Enclosure Of Uses: Every use except for agriculture, parks and playgrounds, unless expressly exempted in the regulations for the zone in which it is located or which is clearly understood in the context as a use which cannot be enclosed, shall be operated in its entirety within a completely enclosed structure. Any use described in subsection B of this section, exempted from being enclosed as provided herein, shall be fenced as provided therein unless similarly exempted. (1989 Code § 12-17-002)

   A.   Building Permits: No building permit for any main building may be issued or such building erected on any lot having frontage on a dedicated, but unopened or undeveloped street, until and unless such street is rough graded to a grade approved by the city.

   B.   Effect Of Official Map: Whenever an official map has been recorded in the office of the city recorder proposing to widen an existing street, the map street line provided by the official map shall be considered as the front line of a building lot and the setback from the line shall be the same as required for any front setback. No building or structure shall be erected within a proposed street shown on the Official Map.

   C.   Building Lot For Buildings Required: Every building excepting those housing public use, public utilities, commercial or industrial uses in single ownership and accessory and temporary uses and those used in conjunction with agriculture, parks and playgrounds or other uses expressly exempted, shall be erected on separate ground area herein called the "building lot" which shall be designated, provided and continuously maintained for main buildings and their accessory buildings, and no accessory building shall be erected on any such building lot until the main building has been erected thereon, unless both main and accessory buildings are being erected simultaneously. Except for planned dwelling groups as specifically authorized in this Title, no more than one dwelling structure shall occupy any one building lot.

   D.   Accessory To Agriculture And Housing Animals Or Fowl:

      1.   No hay barn, silo, equipment shed or storage building may be located closer than ten feet (10') to any side or rear lot line and one hundred feet (100') to any public street or dwellings on adjacent property, except that on corner lots, such building may be located no closer than fifty feet (50') to one of the public streets. Greenhouses or other shelters used in connection with the growing of ornamental plants and flowers may be located as provided for the location of accessory buildings and structures in the zone regulations.

      2.   All pens, sheds, barns, coops and stables housing animals and fowl shall be located not less than one hundred fifty feet (150') from a public street and one hundred feet (100') from any main buildings on adjacent lots, except that on corner lots such buildings shall be located not closer than fifty feet (50') to one of the public streets. These provisions shall not apply to pastures. (1989 Code § 12-17-003)

   E.   Private Swimming Pool And Tennis Court Location: A private outside swimming pool or tennis court may be constructed as an accessory use to a main building within the side or rear yard thereof; provided, that it is set back from the side and rear lot lines not less than four feet (4') and not less than thirty feet (30') from any neighbor's dwelling. When an adjacent lot is vacant, a swimming pool or tennis court must be located at least fifteen feet (15') from any side lot line of any neighboring lot. Where a swimming pool is completely enclosed in a building, the location requirements for accessory and main buildings shall apply. Where any swimming pool is to be located in the near vicinity of any septic tank or sewage disposal field, the location of the same shall first be approved by the Davis County Health Department. Swimming pools shall be completely fenced with a fence suitable for preventing accidental human entry into the pool area and at least four feet (4') high. (1989 Code § 12-17-003; amd. 1998 Code)

   F.   Maximum Coverage: No accessory building or structure or group of such buildings or structures, including swimming pools, and no parking space in any residential zone shall cover more than twenty five percent (25%) of the required minimum rear yard space. (1989 Code § 12-17-003)

   G.   Maximum Height Limitations; Exceptions: No maximum height regulation as stated in this Title shall apply to prevent the construction of penthouse or roof structures for the housing of elevators, stairways, tanks, ventilating fans or similar equipment required to operate and maintain the buildings, and fire or parapet walls, towers, steeples, flag poles, chimneys, smoke stacks, wireless or television masts or similar structures above the stated height limits; provided, that no space above the height limits shall be allowed for the purpose of providing additional floor space. (1989 Code § 12-17-003; amd. 1998 Code)

   H.   Additional Height Allowed: Public buildings and churches authorized in a zone may be erected to any height, provided the building is set back from each otherwise established setback line at least one foot (1') for each additional foot of building height above the normal height limit required for the zone in which the building is erected.

   I.   Minimum Height Of Dwellings: No dwelling shall be erected where more than twenty five percent (25%) of its main floor area is or will be below the finished surface grade at the front yard level. No basement houses shall be permitted.

   J.   Minimum Size Of Dwellings: No detached dwellings shall be erected within the City which contains less than six hundred (600) square feet of gross floor area. (1989 Code § 12-17-003)

   A.   Encroachments Into Yard Spaces: No encroachments into minimum required yard spaces other than the following shall be permitted:

      1.   Belt courses, chimneys not more than eight feet (8') wide, sills and lintels or other ornamental features may project not more than eighteen inches (18") into the required front, rear and side yard spaces.

      2.   Cornices, eaves and gutters, unwalled porches, terraces and steps may be projected into any required front, side or rear yard space not more than five feet (5'). (1989 Code § 12-17-004)

      3.   Fences and signs: As provided in subsections 10-11-5B and C of this chapter. (1989 Code § 12-17-004; amd. 1998 Code)

      4.   Building accessories designed and intended to control light entering a building and being either a permanent or temporary part of such building may project three feet (3') into the required yard space; provided, that they are attached only to the wall of the main building. (1989 Code § 12-17-004)

      5.   Gasoline pump islands, where permitted, shall be set back a minimum of twelve feet (12'). Pump islands under roofs or canapes must comply with the building setback requirements.

   B.   Reductions; Conditions: In any C zone which abuts on an R zone, a setback for buildings shall be required adjacent thereto as set forth in the zone regulations; provided, that this setback may be waived along any portion of the common property and zoning boundary, except for a distance of seventy five feet (75') back from a street line where such street line and zone boundary intersects where a building of fire resistant construction is erected and the height at property line does not exceed ten feet (10'), for each one foot (1') from the boundary line until the ten foot (10') setback is reached. In no case may the eaves of the roof of such building extend or project over the property line. (1989 Code § 12-17-004; amd. 1998 Code)

   C.   Yard Space For One Building Only: No required yard or other open space around an existing building or which is hereafter provided around any building for the purpose of complying with the provisions of this title shall be considered as providing yard or open space for any other building, nor shall any yard or other open space on an adjoining lot be considered as providing a yard or open space on a lot or on a building that is to be erected or established; acquired by purchase of or other means by making substandard the side yard or width of any adjacent lot. No space needed to meet the width, setback, area, parking or other requirements of this title for lot or building may be sold or leased away from such lot or building.

   D.   Yards Unobstructed; Exceptions: Every part of a required yard shall be open from the ground to the sky unobstructed, except for the following:

      1.   Accessory buildings and structures in a rear yard as permitted.

      2.   Permitted encroachments into yard space as set forth in subsection A of this section.

      3.   Fences and objects of natural growth, except as stated in subsections 10-11-5B and C of this chapter.

   E.   Parking In Front Yard Prohibited: No portion of a front yard as required in this title, except driveways, shall be used for the parking of automobiles or other vehicles, unless developed as a public parking area in conjunction with a permitted commercial use, or as otherwise permitted in accordance with section 10-8-5 of this title. (1989 Code § 12-17-004)

   F.   Rear Setback Line; Multi-Frontage Lots: In the case of multi-frontage lots, no building may be located closer than thirty feet (30') from the frontage designated at the rear lot line, except by permit of the appeal authority. (1989 Code § 12-17-009; amd. Ord. 13-03, 6-25-2013)

   A.   Water And Sewer Facilities: No building permit shall be issued for main buildings or other buildings which require culinary water and sanitary sewer facilities, unless it has been shown feasible and is proposed to connect the building plumbing system to the city water and sewer systems.

   B.   Fence Height: Except as otherwise required in subsection C of this section, no fence or wall or similar device in any residential zone may be constructed or placed in any required yard in excess of six feet (6') in height. Where a retaining wall is reasonable and necessary and is located on a line separating lots, such retaining wall may be topped by a fence, wall or hedge of a maximum of six feet (6'). Fences, walls or similar devices in any zone other than a residential zone which exceed six feet (6') in height shall be considered conditional uses and must obtain conditional use approval, either as part of an overall site approval or as a separate matter, prior to erection.

   C.   Clear View Across Corner Of Property Required: In all zones which require a front yard, no obstruction to view in excess of two feet (2') in height above the level of the curb or road side, where no such curb exists, shall be permitted on any corner lot within a triangle, formed by the street, property lines and line connecting the between points forty feet (40') from the intersection of the streets and property lines, except for the following:

      1.   Permitted signs where only the minimum necessary supports are visible to a height of ten feet (10') above the level of the curb or road side.

      2.   A reasonable number of trees pruned or maintained in such a way as to provide reasonably unobstructed vision to the driver of automobiles through such area. (1989 Code § 12-17-005)

   D.   Reduction In Size Of Lots Permitted:

      1.   No parcel of land which has less than the minimum width and/or area requirements for a building lot for the zone in which it is located may be cut up and placed under separate deed or sold from a larger parcel of land for the purpose whether immediate or future of building or development as a building lot. (Ord. 13-03, 6-25-2013)

      2.   No lot or parcel of land held under separate ownership at the time the ordinance codified herein became effective (June 23, 1973) the width, depth or area of which is less than required by the ordinance codified herein, may be further reduced in any manner. (1989 Code § 12-17-005)

Notwithstanding any other provision of this title setting the permitted uses and permitted structures, the following use limitations shall apply:

   A.   Use Of Land, Buildings And Structures: No land shall be used or occupied, no building or structure shall be designed, erected, altered, used or occupied for use, except for uses specifically permitted on the land upon which the building or structure is located or erected or use established as permitted in the regulations for the zone in which said land is located.

   B.   Temporary Use Of Land And Structures: Upon written application showing clear and demonstrable needs of the use, the planning commission and city council may issue a building permit and temporary certificate of occupancy for the use of the land and/or the erection and use of buildings for a temporary use in any zone not permitting the following uses in that zone; provided, that any such building permit shall be valid for a period of not to exceed sixty (60) days and such temporary certificate of occupancy shall be valid for a period of six (6) months, subject to renewal at the discretion of the city council for not more than three (3) successive periods thereafter. (1989 Code § 12-17-006)

   C.   Guarantee Of Improvements: All improvements required by this chapter or by the planning commission shall be guaranteed in a manner which is consistent with the provisions of title 11, chapter 5 of this code.

   D.   Building Permit Issuance: No building permit for any structure within a development on a private right of way shall be issued until:

      1.   All required improvements have been installed, inspected and are operable.

      2.   All easements and rights of way for utilities and access have been recorded in the office of the Davis County recorder.

      3.   The covenants, conditions and restrictions have been recorded in the office of the Davis County recorder. (Ord. 13-07, 2-26-2013; amd. Ord. 2021-14, 1-11-2022)

   A.   All Animals: All animals shall be regulated by Davis County animal control.

   B.   Household Pets: Household pets shall be permitted in any zone provided the number does not exceed the limit as regulated by the current Davis County code or as defined in this code.

   C.   Chicken Regulations: Any number of hens shall be permitted in the agricultural (A), agricultural-aircraft hazard (A-10), residential low (R-L), and residential low-moderate (R-LM) zones, and up to twenty five (25) hens shall be permitted in the residential moderate (R-M) zone subject to the following regulations:

      1.   Chicken pens or coops shall be prohibited within ten feet (10') of the primary structure on the lot and within one foot (1') from side property line. This regulation applies to mobile chicken coops as well as fixed structures.

      2.   Chickens must be kept securely enclosed in a yard or pen at all times.

   D.   Animal Keeping Zones: In any A, A-10 or R-L zone, animals and fowl may be kept for family use outside the dwelling; provided that the provisions of subsection 10-11-3D of this chapter are met and the number of animals or fowl do not exceed the number permitted by the following schedule, except that animals classified as farm industry in the A or A-10 zone shall have no such limitations.

   E.   Points Per Acreage: Each full one-half (1/2) acre of property within the lot, or property within the agricultural (A), agricultural-aircraft hazard (A-10) or residential low (R-L) zones, shall be eligible to contain or house animals rating fifty (50) points.

   F.   Assignment Of Points: Points are assigned to animals grouped as follows:

      1.   Large animals such as horses, cows, llamas, pigs or ostriches, twenty (20) points each.

      2.   Medium animals, such as sheep or goats, but not including pigs, ten (10) points each.

      3.   Small animals, such as geese, rabbits, two (2) points each.

   G.   Roosters: Roosters shall only be permitted in the agricultural (A), agricultural-aircraft hazard (A-10) and residential low (R-L) zones.

   H.   Nuisances: The Davis County animal ordinance shall govern animal nuisances. (Ord. 12-03, 3-27-2012)

Private roads providing access to commercial or industrial property shall not be permitted to be constructed or used through properties in any R zone. (1989 Code § 12-17-008)

The storage of more than one hundred ten (110) gallons of combustible liquid or more than thirty (30) gallons of a flammable liquid, as they are defined in the fire code, whether in aboveground or belowground storage tanks, is permitted only in the A, A-10, C, C-H, T-1 and N-R zones. Where permitted, the storage of combustible or flammable liquid shall be done in accordance with the applicable provisions of the building code and the fire code. (Ord. 2002-4, 3-26-2002)

During the development of properties within the city there may arise the need to establish temporary quarters for on site construction company offices or real estate sales offices. Mobile construction or sales offices may be allowed in any zone for a period not to exceed one year provided they meet the following conditions:

   A.   No construction or sales office will be allowed prior to the final approval of the development for which the office is needed.

   B.   Mobile offices will comply with setback requirements for the zone in which it is located.

   C.   Off street parking must be provided for all employees that will work in the office as well as two (2) spaces for visitors.

   D.   Mobile construction offices will be removed within fourteen (14) days of substantial completion of the construction project.

   E.   Mobile sales offices for sale of real estate may be allowed within the development being marketed. They may also be allowed within one thousand feet (1,000') of the development being marketed provided proof of permission to locate the office on the subject property is provided.

   F.   Mobile sales offices shall be removed within fourteen (14) days of a model home completion within the same development for which the mobile office is needed.

   G.   A business license must be obtained to operate a business in the city prior to occupying a mobile sales office. The business license is transferable to a model home taking the place of the mobile office. (Ord. 98-16, 7-28-1998)

   A.   Business License Required: A home occupation permit is required in addition to and before a business license is issued, and the granting of said permit shall not relieve the permittee of any licensing requirement of the city, the state or any other public agency.

   B.   Conditions Required: Each and every one of the following conditions must be observed at all times by the operator of a home occupation:

      1.   Employment Restricted To Family Members: Only family members related by blood, marriage or adoption, who are bona fide residents of the dwelling unit shall be employed on said premises. However, during the calendar year, one part time employee may work in connection with the home occupation, if approved by the planning commission.

      2.   Incidental And Secondary Use: The home occupation will be clearly incidental and secondary to the residential use of the property and will not physically change the dwelling to the extent that it would alter the residential character of the dwelling or the residential atmosphere of the neighborhood in which it is located. Furthermore, it shall not unreasonably disturb the neighborhood by reason of color, design, material, construction, odors, lighting, sounds, noise or vibrations.

      3.   Conducted Within Primary Structure; Exception: The home occupation shall be conducted principally within the primary structure on the premises. After careful review for fire and safety concerns, home occupations may be conducted within garages and accessory structures which are typically associated with residential uses. The home occupation in all cases shall not exceed fifteen percent (15%) of the total livable floor area of the primary structure, subject to an exception approved by the planning commission for cause.

      4.   Signs: Class 2 signs shall be permitted advertising home occupations. They must comply with all regulations of chapter 9 of this title.

      5.   Inventory And Supplies: Inventory and supplies for the home occupation shall not occupy more than fifty percent (50%) of the permitted home occupation area.

      6.   Vehicles: Maintenance and service vehicles related to home occupations may be kept or parked in the open; provided, that the number does not exceed one motorized vehicle and one trailer or other nonmotorized vehicle, and provided the total sign area for the home occupation, including any sign area on the vehicle, does not exceed the area allowed by chapter 9 of this title. Vehicles which do not meet those requirements must be kept in a garage or screened outdoor area.

      7.   Traffic: The home occupation shall generate no greater vehicular traffic than that commonly associated with the neighborhood in which it is located (i.e., heavy trucks, delivery or service vehicles, etc.). The home occupation shall not occupy the area in the garage required for two (2) parking spaces.

      8.   Parking: All vehicles of customers or residents must be parked in authorized portions of the lot upon which the home occupation is located.

      9.   Code Conformance: There shall be complete conformity with fire, building, plumbing, electrical and health codes and to all state and county ordinances.

      10.   Hazards: The home occupation shall not create a hazard by using flammable, explosives or other dangerous materials or by keeping, raising or storing animals which are capable of inflicting harm or discomfort or endangering the health and safety of any person or property.

      11.   Demand For Services: The home occupation shall not create a demand for city or utility services or community facilities in excess of those usually and customarily provided for residential uses.

      12.   Electrical Or Plumbing Equipment: The home occupation shall not involve the installation in the dwelling of special plumbing or electrical equipment which cannot be used with the electrical or plumbing service customarily used in a dwelling.

      13.   Special Recommended Conditions: Any special condition recommended by the building inspector and/or the fire chief and made of record in the home occupation permit that they deem necessary to carry out the intent of this chapter shall be met.

   C.   Renewal Of Permit: All home occupation permits shall be good for one year unless a lesser time is specified and shall be renewable at the time the business license is renewed. Permits may be automatically renewed by the planning commission or city council or their designated agent without additional review, unless otherwise specified by the approving body on the permit; and provided there have been no reported violations, complaints or detrimental matters which might require reconsideration of the permit. If the permit is not renewed, then the applicant desiring a permit shall follow the same procedure required for an initial application. (Ord. 02-7, 5-28-2002)